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INDEX TO RULES OF THE SUPREME COURT. 



Rules. Sec. Page 

Adjournment 27 — 34 

Admiralty, record in 8 6 15 

Appearance of counsel 9 3 16 

for plaintiff in error or appellant, no 16 — 24 

defendant in error or appellee, no 17 — 24 

either party, no 18 — 24 

Appeals in cases involving jurisdiction of district court . . 32 — 36 

Appeals under act of March 3, 1911 36 — 38 

Argument, oral 22 — 28 

order of 22 1 28 

time allowed for 22 3 28 

on motions 6 2 9 

printed 20 — 25 

submission on 20 1 25 

not received after submission 20 4 25 

Assignment of errors 21 2, 4 26, 27 

under act of March 3, 1911 35 1 37 

Attachment for clerk's fees 10 8 18 

Attorneys, admission of 2 17 

oath of 2 2 7 

Bail, when and how granted 36 2 39 

Bill of exceptions 4 — 8 

Briefs..... 21 — 26 

contentsof 21 2 26 

time for filing by plaintiff in error or appellant 21 1 26 

defendant in error or appellee 21 3 27 

form of printed 31 — 36 

not received after argument 20 4 25 

Cases involving same question may be heard together 26 8 33 

passed, how restored to call 26 9 33 

dismissal of, in vacation 28 — 34 

Certiorari 14 — 20 

Circuit courts of appeals, cases from, etc 37 — 39 

practice in 40 — 40 

Citation, service of 8 5 14 

Clerk 1 — 7 

Clerk's fees, table of 24 7 30 

attachment for 10 8 18 

deposit for 10 1 16 

Conference-room library 7 3 12 

Costs of printing record 10 2, 6, 7 17, 18 

howtaxed 24 — 29 

none recoverable in cases where United States is 

party 24 4 30 

3 



4 INDEX TO RULES. 

Rules. 

Counsel, admission of 2 

appearance of 9 

no appearance of 18 

two only to be heard on argument 22 

time allowed for argument 22 

motions 6 

Custody of prisoners on habeas corpus 34 

Damages for delay 23 

Defendant, no appearance of 17 

Death of a party 15 

defendant in error or appellee after judgment 

in lower court 15 

Deposit for clerk's fees 10 

Dismissal in vacation 28 

Docketing cases 9 

by plaintiff in error or appellant 9 

defendant in error or appellee 9 

Docket, call of 26 

day-call 26 

Errors, assignment of 21 

specification of 21 

Evidence, new, how taken 12 

in admiralty 12 

in the record, objections to 13 

Exceptions, bill of 4 

Exhibits of material. . . 33 

Fees, table of clerk's 24 

attachment for 10 

security for 10 

Habeas corpus, custody of prisoners on 34 

Interest 23 

in admiralty 23 

in equity 23 

at law 23 

under act of March 3, 1911 38 

Jurisdiction — cases involving district court 32 

Law library 7 

mode of obtaining books from, by counsel. . . 7 

clerk to deposit records in 7 

of conference-room 7 

Mandates 39 

Mandate in case dismissed 24 

in vacation 28 

Motions 6 

to be in writing 6 

notice of 6 

time allowed for argument 6 

to affirm 6 

to dismiss 6 



Sec. 


Page. 


1 


7 


3 


16 


— 


24 


2 


28 


3 


28 


2 


9 


— 


37 


2 


29 


— 


24 


— 


21 


3 


22 


1 


16 


— 


34 


— 


15 


1 


15 


2 


16 


— 


32 


2 


32 


4 


27 


2 


26 


1 


19 


2 


20 


— 


20 


— 


8 


— 


36 


7 


30 


8 


18 


1 


16 


— 


37 


— 


28 


4 


29 


3 


29 


1 


28 


— 


40 


— 


36 


— 


11 


1 


11 


2 


12 


3 


12 


— 


40 


5 


30 


— 


34 


— 


9 


1 


9 


3,4 


9,10 


2 


9 


5 


10 


4 


10 



INDEX TO RULES. 



Rules. 

Motions, notice and service of briefs 6 

submission of 6 

to advance 26 

cases once adjudicated 26 

criminal cases 26 

revenue cases 26 

cases involving jurisdiction of district 

court 32 

Motion day 6 

Opinions of the Supreme Court 25 

court below to be annexed to record 8 

Original papers not to be taken from court room or clerk's 

office 1 

from court below 8 

Parties, death of 15 

Plaintiff in error or appellant, no appearance of 16 

Practice 3 

Process, form of 5 

service of 5 

Record 8 

return of 8 

designated record from court below 8 

to contain all necessary papers in full 8 

opinion of court below 8 

translations of papers inf oreign language 11 

printed under supervision of clerk 10 

printed form of 31 

printing parts of 10 

cost of 10 

certiorari for diminution of 14 

in admiralty cases 8 

in cases coming up under act of March 3, 1911 37 

how printed 35 

Rehearing 30 

Representatives of deceased parties appearing 15 

not appearing 15 

Return to writ of error 8 

day 8 

Revenue cases advanced on motion 26 

Second term, neither party ready for trial 19 

Security for clerk's fees 10 

Subpoena, service of 5 

Supersedeas 29 

Translations 11 

Writ of error, return to 8 

in cases involving jurisdiction of district 

courts 32 

under act of March 3, 1911 36 



Sec. 


Page. 


4 


10 


4 


10 


6 


33 


4 


33 


3 


33 


5 


33 


— 


36 


7 


11 


— 


31 


2 


14 


2 


7 


4 


14 


— 


21 


— 


24 


— 


8 


1 


9 


2,3 


9 


— 


12 


1 


12 


1 


12 


3 


14 


2 


14 


— 


19 


5 


17 


— 


36 


9 


18 


2 


17 


— 


20 


6 


15 


— 


39 


2 


38 


— 


35 


1 


21 


2 


22 


— 


12 


5 


14 


5 


33 


— 


24 


1 


16 


3 


9 


— 


34 


— 


19 


— 


12 



— 36 



RULES OF THE SUPREME COURT OF 
THE UNITED STATES. 



CLERK. 

1. The clerk of this court shall reside and keep 
the office at the seat of the National Government, 
and he shall not practice, either as attorney or 
counsellor, in this court, or in any other court, while 
he shall continue to be clerk of this court. 

2. The clerk shall not permit any original record 
or paper to be taken from the court room, or from 
the office, without an order from the court, except 
as provided by Rule 10. 

2. 

ATTORNEYS AND COUNSELLORS. 

1. It shall be requisite to the admission of attor- 
neys or counsellors to practice in this court, that 
they shall have been such for three years past in the 
highest courts of the States to which they respectively 
belong, and that their private and professional 
characters shall appear to be fair. 

2. They shall respectively take and subscribe the 
following oath or affirmation, viz: 

I, , do solemnly swear (or affirm) 

that I will demean myself, as an attorney and coun- 
sellor of this court, uprightly, and according to law; 
and that I will support the Constitution of the 
United States. 



8 EULES SUPEEME COTJET UNITED STATES. 

3. 

PRACTICE. 

This court considers the former practice of the 
courts of king's bench and of chancery, in England, 
as affording outlines for the practice of this court; 
and will, from time to time, make such alterations 
therein as circumstances may render necessary. 

4. 

BILL OF EXCEPTIONS. 

The judges of the district courts in allowing bills 
of exception shall give effect to the following rules: 

1. No bill of exceptions shall be allowed which shall 
contain the charge of the court at large to the jury 
in trials at common law, upon any general exception 
to the whole of such charge. But the party except- 
ing shall be required to state distinctly the several 
matters of law in such charge to which he excepts; 
and those matters of law, and those only, shall be 
inserted in the bill of exceptions and allowed by the 
court. 

2. Only so much of the evidence shall be embraced 
in a bill of exceptions as may be necesssary to present 
clearly the questions of law involved in the rulings 
to which exceptions are reserved, and such evidence 
as is embraced therein shall be set forth in condensed 
and narrative form, save as a proper understanding 
of the questions presented may require that parts 
of it be set forth otherwise. 



RULES SUPREME COURT UNITED STATES. 9 

5. 

PROCESS. 

1 . All process of this court shall be in the name of 
the President of the United States, and shall contain 
the Christian names, as well as the surnames, of the 
parties. 

2. When process at common law or in equity shall 
issue against a State, the same shall be served on the 
governor, or chief executive magistrate, and attorney- 
general of such State. 

3. Process of subpoena, issuing out of this court, in 
any suit in equity, shall be served on the defendant 
sixty days before the return day of the said process; 
and if the defendant, on such service of the subpoena, 
shall not appear at the return day, the complainant 
shall be at liberty to proceed ex parte. 

6. 

MOTIONS. 

1. All motions to the court shall be reduced to 
writing, and shall contain a brief statement of the 
facts and objects of the motion. 

2. Forty-five minutes on each side shall be allowed 
to the argument of a motion, and no more, without 
special leave of the court, granted before the argument 
begins. 

3. No motion to dismiss, except on special assign- 
ment by the court, shall be heard, unless previous 
notice has been given to the adverse party, or the 
counsel or attorney of such party. 

16811°— 12 — 2 



10 RULES SUPREME COURT UNITED STATES. 

4. All motions to dismiss writs of error and appeals, 
except motions to docket and dismiss under Rule 9, 
must be submitted in the first instance on printed 
briefs or arguments. If the court desires further 
argument on that subject, it will be ordered in 
connection with the hearing on the merits. The 
party moving to dismiss shall serve notice of the 
motion, with a copy of his brief of argument, on 
the counsel for plaintiff in error or appellant of 
record in this court, at least three weeks before 
the time fixed for submitting the motion, in all 
cases except where the counsel to be notified resides 
west of the Rocky Mountains, in which case the notice 
shall be at least thirty days. Affidavits of the 
deposit in the mail of the notice and brief to the 
proper address of the counsel to be served, duly 
post-paid, at such time as to reach him by due 
course of mail, the three weeks or thirty days before 
the time fixed by the notice, will be regarded as 
prima facie evidence of service on counsel who 
reside without the District of Columbia. On proof 
of such service, the motion will be considered, 
unless, for satisfactory reasons, further time be 
given by the court to either party. 

5. The court in any pending cause will receive 
a motion to affirm on the ground that it is manifest 
that the writ or appeal was taken for delay only, 
or that the questions on which the decision of the 
cause depend are so frivolous as not to need further 
argument. The same procedure shall apply to and 



RULES SUPREME COURT UNITED STATES. 11 

control such motions as is provided for in cases of 
motions to dismiss under paragraph 4 of this rule. 

6. Although the court upon consideration of a mo- 
tion to dismiss or a motion to affirm may refuse to 
grant the motion, it may nevertheless, if the conclu- 
sion is arrived at that the case is of such a character 
as not to justify extended argument, order the cause 
transferred for hearing to a summary docket. The 
hearing of the causes on such docket will be expe- 
dited, the court providing from time to time for 
such speedy disposition of the docket as the regular 
order of business may permit, and on the hearing 
of such causes one-half hour will be allowed each 
side for oral argument. 

7. The court will not hear arguments on Saturday 
(unless for special cause it shall order to the con- 
trary), but will devote that day to the other business 
of the court. The motion day shall be Monday of 
each week; and motions not required by the rules 
of the court to be put on the docket shall be entitled 
to preference immediately after the reading of 
opinions, if such motions shall be made before the 
court shall have entered upon the hearing of a case 
upon the docket. 

7. 
LAW LIBRARY. 

1. During the session of the court, any gentleman 
of the bar having a case on the docket, and wishing 
to use any book or books in the law library, shall be 



12 RULES SUPREME COURT UNITED STATES. 

at liberty, upon application to the clerk of the court, 
to receive an order to take the same (not exceeding at 
any one time three) from the library, he being thereby 
responsible for the due return of the same within a 
reasonable time, or when required by the clerk. 
And in case the same shall not be so returned, the 
party receiving the same shall be responsible for and 
forfeit and pay twice the value thereof, and also one 
dollar per day for each day's detention beyond the 
limited time. 

2. The clerk shall deposit in the law library, to be 
there carefully preserved, one copy of the printed 
record in every case submitted to the court for its 
consideration, and of all printed motions, briefs, or 
arguments filed therein. 

3. The marshal shall take charge of the books of 
the court, together with such of the duplicate law 
books as Congress may direct to be transferred to the 
court, and arrange them in the conference room, which 
he shall have fitted up in a proper manner; and he 
shall not permit such books to be taken therefrom by 
any one except the justices of the court. 



WRIT OF ERROR AND APPEAL, RETURN AND RECORD. 

1. The clerk of the court to which any writ of error 
may be directed shall make return of the same, by 
transmitting a true copy of the record, and of the 
assignment of errors, and of all proceedings in the 
case, under his hand and the seal of the court. 



RULES SUPREME COURT UNITED STATES. 13 

In order to enable the Clerk to perform such duty 
and for the purpose of reducing the size of transcripts 
of record in cases brought to this Court by appeal or 
writ of error, by eliminating all papers not necessary 
to the consideration of the questions to be reviewed, it 
shall be the duty of the appellant or plaintiff in error 
or his attorney to file with the clerk of the lower court, 
together with proof or acknowledgment of service of a 
copy on the appellee or defendant in error, or his 
counsel, a praecipe which shall indicate the portions 
of the record to be incorporated into the transcript of 
the record on such appeal or writ of error. Should 
the appellee or defendant in error, or his counsel, 
desire additional portions of the record incorporated 
into the transcript of the record to be filed in this 
Court, he shall file with the clerk of the lower court 
his praecipe also, within ten days thereafter, (unless 
the time shall be enlarged by a judge of the lower 
court or by a Justice of this Court), indicating such 
additional portions of the record desired by him. 

The clerk of the lower court shall transmit to this 
Court as the transcript of the record in the case only 
the portions of the record below designated by both 
parties as above provided. 

The parties or their counsel, however, may agree 
by written stipulation to be filed with the clerk of the 
lower court the portions of the record which shall 
constitute the transcript of record on appeal or writ 
of error, and the clerk in such case shall transmit only 
the papers designated in such stipulation. 



14 KULES SUPKEME COUKT UNITED STATES. 

If this Court shall find that portions of the record 
unnecessary to a proper presentation of the case have 
been incorporated into the transcript by either party, 
the Court may order that the whole or any part of 
the Clerk's fee for supervising the printing and of the 
cost of printing the record be paid by the offending 
party. 

2. In all cases brought to this court, by writ af 
error or appeal, to review any judgment or decree, 
the clerk of the court by which such judgment or de- 
cree was rendered shall annex to and transmit with 
the record a copy of the opinion or opinions filed in 
the case. 

3. No case will be heard until a complete record, 
containing in itself, and not by reference, all the 
papers, exhibits, depositions, and other proceedings 
which are necessary to the hearing in this court, shall 
be filed. 

4. Whenever it shall be necessary or proper, in the 
opinion of the presiding judge in any district court, 
that original papers of any kind should be inspected 
in this court upon writ of error or appeal, such 
presiding judge may make such rule or order for 
the safe-keeping, transporting, and return of such 
original papers as to him may seem proper, and this 
court will receive and consider such original papers 
in connection with the transcript of the proceedings. 

5. All appeals, writs of error, and citations must be 
made returnable not exceeding thirty days from the 
day of signing the citation, whether the return day 
fall in vacation or in term time, and be served before 



RULES SUPREME COURT UNITED STATES. 15 

the return day, except in writs of error and appeals 
from California, Oregon, Nevada, Washington, New 
Mexico, Utah, Arizona, Montana, Wyoming, North 
Dakota, South Dakota, Alaska, Idaho, Hawaii and 
Porto Rico, when the time shall be extended to sixty 
days and from the Philippine Islands to one hundred 
and twenty days. 

6. The record in cases of admiralty and maritime 
jurisdiction, when under the requirements of law the 
facts have been found in the court below, and the 
power of review is limited to the determination of 
questions of law arising on the record, shall be con- 
fined to the pleadings, the findings of fact, and con- 
clusions of law thereon, the bills of exceptions, the 
final judgment or decree, and such interlocutory 
orders and decrees as may be necessary to a proper 
review of the case. 

9. 

DOCKETING CASES. 

1. It shall be the duty of the plaintiff in error or 
appellant to docket the case and file the record thereof 
with the clerk of this court by or before the return 
day, whether in vacation or in term time. But, for 
good cause shown, the justice or judge who signed 
the citation, or any justice of this court, may enlarge 
the time, by or before its expiration, the order of 
enlargement to be filed with the clerk of this court. 
If the plaintiff in error or appellant shall fail to com- 
ply with this rule, the defendant in error or appellee 
may have the cause docketed and dismissed upon 



16 RULES SUPREME COURT UNITED STATES. 

producing a certificate, whether in term time or vaca- 
tion, from the clerk of the court wherein the judg- 
ment or decree was rendered, stating the case and 
certifying that such writ of error or appeal has been 
duly sued out or allowed. And in no case shall the 
plaintiff in error or appellant be entitled to docket 
the case and file the record after the same shall have 
been docketed and dismissed under this rule, unless 
by order of the court. 

2. But the defendant in error or appellee may, at 
his option, docket the case and file a copy of the 
record with the clerk of this court; and if the case is 
docketed and a copy of the record filed with the 
clerk of this court by the plaintiff in error or appel- 
lant within the period of time above limited and 
prescribed by this rule, or by the defendant in error 
or appellee at any time thereafter, the case shall 
stand for argument. 

3. Upon the filing of the transcript of a record 
brought up by writ of error or appeal, the appear- 
ance of the counsel for the party docketing the case 
shall be entered. 

10. 

PRINTING RECORDS. 

1. In all cases the plaintiff in error or appellant, 
on docketing a case and filing the record, shall make 
such cash deposit with the clerk for the payment of 
his fees as he may require or otherwise satisfy him 
in that behalf. 



RULES SUPREME COURT UNITED STATES. 17 

2. The clerk shall cause an estimate to be made of 
the cost of printing the record, and of his fee for 
preparing it for the printer and supervising the 
printing, and shall notify to the party docketing the 
case the amount of the estimate. If he shall not 
pay it within a reasonable time, and for want of such 
payment the record shall not have been printed 
when a case is reached in the regular call of the 
docket, the case shall be dismissed. 

3. Upon payment of the amount estimated by the 
clerk, thirty copies of the record shall be printed, 
under his supervision, for the use of the court and 
of counsel. 

4. In cases of appellate jurisdiction the original 
transcript on file shall be taken by the clerk to the 
printer. But the clerk shall cause copies to be 
made for the printer of such original papers, sent 
up under Rule 8, section 4, as are necessary to be 
printed; and of the whole record in cases of original 
jurisdiction. 

5. The clerk shall supervise the printing, and see 
that the printed copy is properly indexed. He shall 
distribute the printed copies to the justices and the 
reporter, from time to time, as required, and a copy 
to the counsel for the respective parties. 

6. If the actual cost of printing the record, to- 
gether with the fee of the clerk, shall be less than the 
amount estimated and paid, the amount of the differ- 
ence shall be refunded by the clerk to the party pay- 
ing it. If the actual cost and clerk's fee shall exceed 

16811°— 12 3 



18 RULES SUPREME COURT UNITED STATES. 

the estimate, the amount of the excess shall be paid 
to the clerk before the delivery of a printed copy to 
either party or his counsel. 

7. In case of reversal, affirmance, or dismissal, with 
costs, the amount of the cost of printing the record 
and of the clerk's fee shall be taxed against the party 
against whom costs are given, and shall be inserted 
in the body of the mandate or other proper process. 

8. Upon the clerk's producing satisfactory evi- 
dence, by affidavit or the acknowledgment of the 
parties or their sureties, of having served a copy of 
the bill of fees due by them, respectively, in this 
court, on such parties or their sureties, an attach- 
ment shall issue against such parties or sureties, 
respectively, to compel payment of said fees. 

9. The plaintiff in error or appellant may, within 
ninety days after filing the record in this court, file 
with the clerk a statement of the errors on which he 
intends to rely, and of the parts of the record which 
he thinks necessary for the consideration thereof, 
with proof of service of the same on the adverse 
party. The adverse party, within ninety days 
thereafter, may designate in writing, filed with 
the clerk, additional parts of the record which he 
thinks material; and, if he shall not do so, he shall 
be held to have consented to a hearing on the parts 
designated by the plaintiff in error or appellant. If 
parts of the record shall be so designated by one or 
both of the parties, the clerk shall print those parts 
only; and the court will consider nothing but those 
parts of the record, and the errors so stated. If at 



RULES SUPREME COURT UNITED STATES. 19 

the hearing it shall appear that any material part of 
the record has not been printed, the writ of error or 
appeal may be dismissed, or such other order made 
as the circumstances may appear to the court to re- 
quire. If the defendant in error or appellee shall 
have caused unnecessary parts of the record to be 
printed, such order as to costs may be made as the 
court shall think proper. 

The fees of the clerk under Rule 24, section 7, shall 
be computed, as at present, on the folios in the record 
as filed, and shall be in full for the performance of his 
duties in the execution hereof. 

11. 

TRANSLATIONS. 

Whenever any record transmitted to this court 
upon a writ of error or appeal shall contain any doc- 
ument, paper, testimony, or other proceedings in a 
foreign language, and the record does not also contain 
a translation of such document, paper, testimony, or 
other proceedings, made under the authority of the 
inferior court, or admitted to be correct, the record 
shall not be printed; but the case shall be reported 
to this court by the clerk, and the court will order 
that a translation be supplied and inserted in the 
record. 

12. 

FURTHER PROOF. 

1. In all cases where further proof is ordered by the 
court, the depositions which may be taken shall be 
by a commission, to be issued from this court, or 
from any district court of the United States. 



20 RULES SUPREME COURT UNITED STATES. 

2. In all cases of admiralty and maritime juris- 
diction, where new evidence shall be admissible in 
this court, the evidence by testimony of witnesses 
shall be taken under a commission to be issued from 
this court, or from any district court of the United 
States, under the direction of any judge thereof; 
and no such commission shall issue but upon in- 
terrogatories, to be filed by the party applying for 
the commission, and notice to the opposite party 
or his agent or attorney, accompanied with a copy 
of the interrogatories so filed, to file cross-interrog- 
atories within twenty days from the service of such 
notice: Provided, however, That nothing in this 
rule shall prevent any party from giving oral testi- 
mony in open court in cases where by law it is 
admissible. 

13. 

OBJECTIONS TO EVIDENCE IN THE RECORD. 

In all cases of equity or admiralty- jurisdiction, 
heard in this court, no objection shall hereafter 
be allowed to be taken to the admissibility of any 
deposition, deed, grant, or other exhibit found in 
the record as evidence, unless objection was taken 
thereto in the court below and entered of record; 
but the same shall otherwise be deemed to have 
been admitted by consent. 

CERTIORARI. 

No certiorari for diminution of the record will be 
hereafter awarded in any case, unless a motion 
therefor shall be made in writing, and the facts on 



RULES SUPREME COURT UNITED STATES. 21 

which the same is founded shall, if not admitted 
by the other party, be verified by affidavit. And 
all motions for certiorari must be made at the first 
term of the entry of the case; otherwise, the same 
will not be granted, unless upon special cause shown 
to the court, accounting satisfactorily for the delay. 

15. 

DEATH OF A PARTY. 

1. Whenever, pending a writ of error or appeal 
in this court, either party shall die, the proper 
representatives in the personalty or realty of the 
deceased party, according to the nature of the 
case, may voluntarily come in and be admitted 
parties to the suit, and thereupon the case shall 
be heard and determined as in other cases; and 
if such representatives shall not voluntarily become 
parties, then the other party may suggest the death 
on the record, and thereupon, on motion, obtain an 
order that unless such representatives shall become 
parties within the first ten days of the ensuing 
term, the party moving for such order, if defendant 
in error or appellee shall be entitled to have the 
writ of error or appeal dismissed; and if the party 
so moving shall be plaintiff in error or appellant 
he shall be entitled to open the record, and on hearing 
have the judgment or decree reversed, if it be errone- 
ous: Provided, however, That a copy of every 
such order shall be printed in some newspaper of 
general circulation within the State, Territory, or 
District from which the case is brought, for three 



22 KULES SUPREME COURT UNITED STATES. 

successive weeks, at least sixty days before the begin- 
ning of the term of the Supreme Court then next 
ensuing. 

2. When the death of a party is suggested, and the 
representatives of the deceased do not appear by the 
tenth day of the second term next succeeding the 
suggestion, and no measures are taken by the oppo- 
site party within that time to compel their appear- 
ance, the case shall abate. 

3. When either party to a suit in a court of the 
United States shall desire to prosecute a writ of 
error or appeal to the Supreme Court of the United 
States, from any final judgment or decree, ren- 
dered in such court, and at the time of suing out 
such writ of error or appeal the other party to the 
suit shall be dead and have no proper representa- 
tive within the jurisdiction of the court which ren- 
dered such final judgment or decree, so that the 
suit can not be revived in that court, but shall have 
a proper representative in some State or Territory 
of the United States, the party desiring such writ 
of error or appeal may procure the same, and may 
have proceedings on such judgment or decree super- 
seded or stayed in the same manner as is now allowed 
by law in other cases, and shall thereupon proceed 
with such writ of error or appeal as in other cases. 
And within thirty days after the commencement of 
the term to which such writ of error or appeal is re- 
turnable, the plaintiff in error or appellant shall make 
a suggestion to the court, supported by affidavit, that 
the said party was dead when the writ of error or 



RULES SUPREME COURT UNITED STATES. 23 

appeal was taken or sued out, and had no proper rep- 
resentative within the jurisdiction of the court which 
rendered said judgment or decree, so that the suit 
could not be revived in that court, and that said 
party had a proper representative in some State or 
Territory of the United States, and stating therein 
the name and character of such representative, and 
the State or Territory in which such representative 
resides; and, upon such suggestion, he may, on mo- 
tion, obtain an order that, unless such representative 
shall make himself a party within the first ten days 
of the ensuing term of the court, the plaintiff in error 
or appellant shall be entitled to open the record, and, 
on hearing, have the judgment or decree reversed, if 
the same be erroneous: Provided, however, That a 
proper citation reciting the substance of such order 
shall be served upon such representative, either per- 
sonally or by being left at his residence, at least sixty 
days before the beginning of the term of the Supreme 
Court then next ensuing: And provided, also, That 
in every such case if the representative of the de- 
ceased party does not appear by the tenth day of the 
term next succeeding said suggestion, and the meas- 
ures above provided to compel the appearance of such 
representative have not been taken within time as 
above required, by the opposite party, the case shall 
abate: And provided, also, That the said represent- 
ative may at any time before or after said sugges- 
tion come in and be made a party to the suit, and 
thereupon the case shall proceed, and be heard and 
determined as in other cases. 



24 RULES SUPREME COURT UNITED STATES. 

16. 

NO APPEARANCE OF PLAINTIFF IN ERROR OR APPEL- 
LANT. 

Where no counsel appears and no brief has been 
filed for the plaintiff in error or appellant, when the case 
is called for trial, the defendant in error or appellee 
may have the plaintiff in error or appellant called and 
the writ of error or appeal dismissed, or may open the 
record and pray for an affirmance. 

17. 

NO APPEARANCE OF DEFENDANT IN ERROR OR APPEL- 
LEE. 

Where the defendant in error or appellee fails to 
appear when the case is called for trial, the court 
may proceed to hear an argument on the part of the 
plaintiff in error or appellant and to give judgment 
according to the right of the case. 

18. 

NO APPEARANCE OF EITHER PARTY. 

When a case is reached in the regular call of the 
docket, and there is no appearance for either party, 
the case shall be dismissed at the cost of the plaintiff 
in error or appellant. 

19. 

NEITHER PARTY READY AT SECOND TERM. 

When a case is called for argument at two succes- 
sive terms, and upon the call at the second term 
neither party is prepared to argue it, it shall be dis- 



RULES SUPREME COURT UNITED STATES. 25 

missed at the cost of the plaintiff in error or appellant, 
unless sufficient cause is shown for further post- 
ponement. 

20. 

PRINTED ARGUMENTS. 

1. In all cases brought here on writ of error, ap- 
peal, or otherwise, the court will receive printed ar- 
guments without regard to the number of the case on 
the docket, if the counsel on both sides shall choose to 
submit the same within the first ninety days of the 
term; and, in addition, appeals from the Court of 
Claims may be submitted by both parties within 
thirty days after they are docketed, but not after the 
first day of April; but thirty copies of the argu- 
ments, signed by attorneys or counsellors of this 
court, must be first filed. 

2. When a case is reached in the regular call of the 
docket, and a printed argument shall be filed for one 
or both parties, the case shall stand on the same foot- 
ing as if there were an appearance by counsel. 

3. When a case is taken up for trial upon the reg- 
ular call of the docket, and argued orally in behalf of 
only one of the parties, no printed argument for the 
opposite party will be received, unless it is filed be- 
fore the oral argument begins, and the court will pro- 
ceed to consider and decide the case upon the ex 
"parte argument. 

4. No brief or argument will be received, either 
through the clerk or otherwise, after a case has been 
argued or submitted, except upon leave granted in 
open court after notice to opposing counsel. 



26 RULES SUPREME COURT UNITED STATES. 



21. 

BRIEFS. 



1. The counsel for plaintiff in error or appellant 
shall file with the clerk of the court, at least three 
weeks before the case is called for argument, thirty 
copies of a printed brief, one of which shall, on ap- 
plication, be furnished to each of the counsel engaged 
upon the opposite side. 

2. This brief shall contain, in the order here 
stated — 

(1) A concise abstract, or statement of the case, 
presenting succinctly the questions involved and the 
manner in which they are raised. 

(2) A specification of the errors relied upon, 
which, in cases brought up by writ of error, shall set 
out separately and particularly each error asserted 
and intended to be urged; and in cases brought up 
by appeal the specification shall state, as particu- 
larly as may be, in what the decree is alleged to be 
erroneous. When the error alleged is to the admis- 
sion or to the rejection of evidence, the specification 
shall quote the full substance of the evidence 
admitted or rejected. When the error alleged is 
to the charge of the court, the specification shall set 
out the part referred to totidem verbis, whether it be 
instructions given or instructions refused. When 
the error alleged is to a ruling upon the report of a 
master, the specification shall state the exception to 
the report and the action of the court upon it. 

(3) A brief of the argument, exhibiting a clear 
statement of the points of law or fact to be dis- 
cussed, with a reference to the pages of the record 



RULES SUPREME COURT UNITED STATES. 27 

and the authorities relied upon in support of each 
point. When a statute of a State is cited, so much 
thereof as may be deemed necessary to the decision 
of the case shall be printed at length. 

3. The counsel for a defendant in error or an 
appellee shall file with the clerk thirty printed copies 
of his argument, at least one week before the case is 
called for hearing. His brief shall be of like charac- 
ter with that required of the plaintiff in error or ap- 
pellant, except that no specification of errors shall 
be required, and no statement of the case, unless 
that presented by the plaintiff in error or appellant 
is controverted. 

4. When there is no assignment of errors, as 
required by section 997 of the Revised Statutes, 
counsel will not be heard, except at the request of 
the court; and errors not specified according to this 
rule will be disregarded; but the court, at its option, 
may notice a plain error not assigned or specified. 

5. When, according to this rule, a plaintiff in 
error or an appellant is in default, the case may be 
dismissed on motion; and when a defendant in 
error or an appellee is in default, he will not be 
heard, except on consent of his adversary, and by 
request of the court. 

6. When no oral argument is made for one of the 
parties, only one counsel will be heard for the adverse 
party. 

7. No brief or printed argument, required by the 
foregoing sections, shall be filed by the clerk unless 
the same shall be accompanied by satisfactory proof 
of service upon counsel for the adverse party. 



28 RULES SUPREME COURT UNITED STATES. 

22. 

ORAL ARGUMENTS. 

1. The plaintiff in error or appellant in this court 
shall be entitled to open and conclude the argument 
of the case. But when there are cross-appeals they 
shall be argued together as one case, and the plaintiff 
in the court below shall be entitled to open and con- 
clude the argument. 

2. Only two counsel will be heard for each party 
on the argument of a case. 

3. One and one-half hours on each side will be 
allowed for the argument, and no more, without 
special leave of the court, granted before the argu- 
ment begins. But in cases certified from the Circuit 
Courts of Appeals, cases involving solely the juris- 
diction of the court below, and cases under the act 
of March 2, 1907, 34 Stat., 1246, forty-five minutes 
only on each side will be allowed for the argument 
unless the time be extended. The time thus allowed 
may be apportioned between the counsel on the same 
side, at their discretion; provided, always, that a 
fair opening of the case shall be made by the party 
having the opening and closing arguments. 

23. 

INTEREST. 

1. In cases where a writ of error is prosecuted to 
this court, and the judgment of the inferior court is 
affirmed, the interest shall be calculated and levied, 
from the date of the judgment below until the same 
is paid, at the same rate that similar judgments bear 



RULES SUPREME COURT UNITED STATES. 29 

interest in the courts of the State where such judg- 
ment is rendered. 

2. In all cases where a writ of error shall delay 
the proceedings on the judgment of the inferior 
court, and shall appear to have been sued out merely 
for delay, damages at a rate not exceeding 10 per 
cent., in addition to interest, shall be awarded upon 
the amount of the judgment. 

3. The same rule shall be applied to decrees for 
the payment of money in cases in equity, unless 
otherwise ordered by this court. 

4. In cases in admiralty, damages and interest 
may be allowed if specially directed by the court. 

24. 

COSTS. 

1. In all cases where any suit shall be dismissed in 
this court, costs shall be allowed to the defendant 
in error or appellee, unless otherwise agreed by the 
parties, except where the dismissal shall be for want 
of jurisdiction, when the costs incident to the motion 
to dismiss shall be allowed. 

2. In all cases of affirmance of any judgment or 
decree in this court, costs shall be allowed to the 
defendant in error or appellee, unless otherwise 
ordered by the court. 

3. In cases of reversal of any judgment or decree 
in this court, costs shall be allowed to the plaintiff in 
error or appellant, unless otherwise ordered by the 
court. The cost of the transcript of the record from 
the court below shall be a part of such costs, and be 
taxable in that court as costs in the case. 



30 RULES SUPREME COURT UNITED STATES. 

4. Neither of the foregoing sections shall apply to 
cases where the United States are a party; but in 
such cases no costs shall be allowed in this court for 
or against the United States. 

5. In all cases of the dismissal of any suit in this 
court, it shall be the duty of the clerk to issue a man- 
date, or other proper process, in the nature of a 
procedendo, to the court below, for the purpose of 
informing such court of the proceedings in this court, 
so that further proceedings may be had in such court 
as to law and justice may appertain. 

6. When costs are allowed in this court, it shall be 
the duty of the clerk to insert the amount thereof in 
the body of the mandate, or other proper process, sent 
to the court below, and annex to the same the bill of 
items taxed in detail. 

7. In pursuance of the act of March 3, 1883, author- 
izing and empowering this court to prepare a table 
of fees to be charged by the clerk of this court, the 
following table is adopted : 

For docketing a case and filing and indorsing the 
transcript of the record, five dollars. 

For entering an appearance, twenty-five cents. 

For entering a continuance, twenty-five cents. 

For filing a motion, order, or other paper, twenty- 
five cents. 

For entering any rule, or for making or copying any 
record or other paper, twenty cents per folio of each 
one hundred words. 

For transferring each case to a subsequent docket 
and indexing the same, one dollar. 



RULES SUPREME COURT UNITED STATES. 31 

For entering a judgment or decree, one dollar. 

For every search of the records of the court, one 
dollar. 

For a certificate and seal, two dollars. 

For receiving, keeping, and paying money in pur- 
suance of any statute or order of court, two per cent. 
on the amount so received, kept, and paid. 

For an admission to the bar and certificate under 
seal, ten dollars. 

For preparing the record or a transcript thereof 
for the printer, indexing the same, supervising the 
printing, and distributing the printed copies to the 
justices, the reporter, the law library, and the parties 
or their counsel, fifteen cents per folio; but when the 
necessary printed copies of the record, as printed 
for the use of the lower court, shall be furnished, the 
fee for supervising shall be five cents per folio. 

For making a manuscript copy of the record, when 
required under Rule 10, twenty cents per folio, but 
nothing in addition for supervising the printing. 

For issuing a writ of error and accompanying 
papers, five dollars. 

For a mandate or other process, five dollars. 

For filing briefs, five dollars for each party appearing. 

For every printed copy of any opinion of the 
court or any justice thereof, certified under seal, 
two dollars. 

25. 

OPINIONS OF THE COURT. 

1. All opinions delivered by the court shall, imme- 
diately upon the delivery thereof, be handed to the 



32 RULES SUPREME COURT UNITED STATES. 

clerk to be printed. And it shall be the duty of the 
clerk to cause the same to be forthwith printed, 
and to deliver a copy to the reporter as soon as the 
same shall be printed. 

2. The original opinions of the court shall be filed 
with the clerk of this court for preservation. 

3. Opinions printed under the supervision of the 
justices delivering the same need not be copied by 
the clerk into a book of records; but at the end of each 
term the clerk shall cause such printed opinions to be 
bound in a substantial manner into one or more vol- 
umes, and when so bound they shall be deemed to 
have been recorded. 

26. 

CALL AND ORDER OF THE DOCKET. 

1. The court, on the second day in each term, will 
commence calling the cases for argument in the order 
in which they stand on the docket, and proceed from 
day to day during the term in the same order (except 
as hereinafter provided) ; and if the parties, or either 
of them, shall be ready when the case is called, the 
same will be heard; and if neither party shall be ready 
to proceed in the argument, the case shall be con- 
tinued to the next term of the court unless some 
good and satisfactory reason to the contrary shall be 
shown to the court. 

2. Ten cases only shall be considered as liable to 
be called on each day during the term. But on the 
coming in of the court on each day the entire number 
of such ten cases will be called, with a view to the 
disposition of such of them as are not to be argued. 



RULES SUPREME COURT UNITED STATES. 33 

3. Criminal cases may be advanced by leave of the 
court on motion of either party. 

4. Cases once adjudicated by this court upon the 
merits, and again brought up by writ of error or 
appeal, may be advanced by leave of the court on 
motion of either party. 

5. Revenue and other cases in which the United 
States are concerned, which also involve or affect some 
matter of general public interest, or which may be 
entitled to precedence under the provisions of any 
act of Congress, may also by leave of the court be 
advanced on motion of the Attorney-General. 

6. All motions to advance cases must be printed, 
and must contain a brief statement of the matter 
involved, with the reasons for the application. 

7. No other case will be taken up out of the order 
on the docket, or be set down for any particular day, 
except under special and peculiar circumstances to be 
shown to the court. 

8. Two or more cases, involving the same question, 
may, by the leave of the court, be heard together, 
but they must be argued as one case. 

9. If, after a case has been passed, the parties shall 
desire to have it heard, they may file with the clerk 
their joint request to that effect, and the case shall 
then be by him reinstated for call ten cases after 
that under argument, or next to be called at the end 
of the day the request is filed. If the parties will not 
unite in such a request, either may move to take up 
the case, and it shall then be assigned to such place 
upon the docket as the court may direct. 



34 RULES SUPREME COURT UNITED STATES. 

10. No stipulation to pass a case will be recognized 
as binding upon the court. A case can only be so 
passed upon application made and leave granted 
in open court. 

27. 

ADJOURNMENT. 

The court will, at every term, announce on what 
day it will adjourn at least ten days before the 
time which shall be fixed upon, and the court will 
take up no case for argument, nor receive any case 
upon printed briefs, within three days next before 
the day fixed upon for adjournment. 

28. 

DISMISSING CASES IN VACATION. 

Whenever the plaintiff and defendant in a writ 
of error pending in this court, or the appellant 
and appellee in an appeal, shall in vacation, by 
their attorneys of record, sign and file with the clerk 
an agreement in writing directing the case to be 
dismissed, and specifying the terms on which it is 
to be dismissed as to costs, and shall pay to the 
clerk any fees that may be due to him, it shall be 
the duty of the clerk to enter the case dismissed, 
and to give to either party requesting it a copy of 
the agreement filed; but no mandate or other 
process shall issue without an order of the court. 

29. 

SUPERSEDEAS. 

Supersedeas bonds in the district courts and Circuit 
Courts of Appeals must be taken, with good and 



RULES SUPREME COURT UNITED STATES. 35 

sufficient security, that the plaintiff in error or 
appellant shall prosecute his writ or appeal to effect, 
and answer all damages and costs if he fail to make 
his plea good. Such indemnity, where the judg- 
ment or decree is for the recovery of money not 
otherwise secured, must be for the whole amount 
of the judgment or decree, including just damages 
for delay, and costs and interest on the appeal ; 
but in all suits where the property in controversy 
necessarily follows the event of the suit, as in real 
actions, replevin, and in suits on mortgages, or where 
the property is in the custody of the marshal under 
admiralty process, as in case of capture or seizure, 
or where the proceeds thereof, or a bond for the 
value thereof, is in the custody or control of the 
court, indemnity in all such cases is only required 
in an amount sufficient to secure the sum recovered 
for the use and detention of the property, and the 
costs of the suit, and just damages for delay, and 
costs and interest on the appeal. 

30. 

REHEARING. 

A petition for rehearing after judgment can be 
presented only at the term at which judgment is 
entered, unless by special leave granted during the 
term; and must be printed and briefly and dis- 
tinctly state its grounds, and be supported by 
certificate of counsel; and will not be granted, or 
permitted to be argued, unless a justice who con- 
curred in the judgment desires it, and a majority 
of the court so determines. 



36 RULES SUPREME COURT UNITED STATES. 

31. 

FORM OF PRINTED RECORDS AND BRIEFS. 

All records, arguments, and briefs, printed for the 
use of the court, must be in such form and size that 
they can be conveniently bound together, so as to 
make an ordinary octavo volume; and, as well as 
all quotations contained therein, and the covers 
thereof, must be printed in clear type (never smaller 
than small pica) and on unglazed paper. 

32. 

WRITS OF ERROR AND APPEALS IN CASES INVOLVING 
JURISDICTION OF LOWER COURT. 

Cases brought to this court by writ of error or ap- 
peal, where the only question in issue is the question 
of the jurisdiction of the court below, will be advanced 
on motion, and heard under the rules prescribed by 
Rule 6, in regard to motions to dismiss writs of error 
and appeals. 

33. 

MODELS, DIAGRAMS, AND EXHIBITS OF MATERIAL. 

1. Models, diagrams, and exhibits of material 
forming part of the evidence taken in the court be- 
low, in any case pending in this court, on writ of error 
or appeal, shall be placed in the custody of the mar- 
shal of this court at least one month before the case 
is heard or submitted. 

2. All models, diagrams, and exhibits of material, 
placed in the custody of the marshal for the inspec- 
tion of the court on the hearing of a case, must be 
taken away by the parties within one month after 
the case is decided. When this is not done, it shall 



RULES SUPREME COURT UNITED STATES. 37 

be the duty of the marshal to notify the counsel in 
the case, by mail or otherwise, of the requirements 
of this rule; and if the articles are not removed 
within a reasonable time after the notice is given, he 
shall destroy them, or make such other disposition 
of them as to him may seem best. 

34. 

CUSTODY OF PRISONERS ON HABEAS CORPUS. 

1. Pending an appeal from the final decision of any 
court or judge declining to grant the writ of habeas 
corpus, the custody of the prisoner shall not be 
disturbed. 

2. Pending an appeal from the final decision of any 
court or judge discharging the writ after it has been 
issued, the prisoner shall be remanded to the custody 
from which he was taken by the writ, or shall, for 
good cause shown, be detained in custody of the court 
or judge, or be enlarged upon recognizance as here- 
inafter provided. 

3. Pending an appeal from the final decision of any 
court or judge discharging the prisoner, he shall be 
enlarged upon recognizance, with surety, for appear- 
ance to answer the judgment of the appellate court, 
except where, for special reasons, sureties ought not 
to be required. 

35. 

ASSIGNMENT OF ERRORS. 

1. Where an appeal or a writ of error is taken from 
a district court direct to this court, under section 
238 of the act entitled "An act to codify, revise, 
and amend the laws relating to the judiciary/ ' 



38 RULES SUPREME COURT UNITED STATES. 

approved March 3, 1911, chapter 231, the plain- 
tiff in error or appellant shall file with the clerk of 
the court below, with his petition for the writ of 
error or appeal, an assignment of errors, which shall 
set out separately and particularly each error as- 
serted and intended to be urged. No writ of error or 
appeal shall be allowed until such assignment of er- 
rors shall have been filed. When the error alleged is 
to the admission or to the rejection of evidence, the 
assignment of errors shall quote the full substance 
of the evidence admitted or rejected. When the 
error alleged is to the charge of the court, the assign- 
ment of errors shall set out the part referred to totidem 
verbis, whether it be in instructions given or in in- 
structions refused. Such assignment of errors shall 
form part of the transcript of the record, and be 
printed with it. When this is not done counsel will 
not be heard, except at the request of the court; 
and errors not assigned according to this rule will 
be disregarded, but the court, at its option, may 
notice a plain error not assigned. 

2. The plaintiff in error or appellant shall cause 
the record to be printed, according to the provisions 
of sections 2, 3, 4, 5, 6, and 9, of Rule 10. 

36. 

APPEALS AND WRITS OF ERROR FROM DISTRICT COURTS. 

1. An appeal or a writ of error from a district court 
direct to this court, in the cases provided for in 
sections 238 and 252 of the act entitled "An act to 
codify, revise and amend the laws relating to the 



RULES SUPREME COURT UNITED STATES. 39 

judiciary/ ' approved March 3, 1911, chapter 231, 
may be allowed, in term time or in vacation, by any 
justice of this court, or by any circuit judge within his 
circuit, or by any district judge within his district, 
and the proper security be taken and the citation 
signed by him, and he may also grant a supersedeas 
and stay of execution or of proceedings, pending 
such writ of error or appeal. 

2. Where such writ of error is allowed in the case 
of a conviction of an infamous crime, or in any other 
criminal case in which it will lie under section 238, 
the district court, or any judge thereof, shall have 
power, after the citation is served, to admit the accused 
to bail in such amount as may be fixed. 

37. 
CASES FROM CIRCUIT COURTS OF APPEALS. 

1. Where, under section 239 of the act entitled 
"An act to codify, revise, and amend the laws relat- 
ing to the judiciary," approved March 3, 1911, chap- 
ter 231, a Circuit Court of Appeals shall certify to this 
court a question or proposition of law, concerning 
which it desires the instruction of this court for its 
proper decision, the certificate shall contain a proper 
statement of the facts on which such question or 
proposition of law arises. 

2. If application is thereupon made to this court 
that the whole record and cause may be sent up to it 
for its consideration, the party making such applica- 
tion shall, as a part thereof, furnish this court with a 
certified copy of the whole of said record. 



40 KULES SUPKEME COUET UNITED STATES. 



\ 



9 



3. Where application is made to this court to 
require a case to be certified to it for its review and 
determination, a certified copy of the entire record 
of the case in the Circuit Court of Appeals shall be 
furnished to this court by the applicant, as part of 
the application. 

38. 
INTEREST, COSTS, AND FEES. 

The provisions of Rules 23 and 24 of this court, in 
regard to interest and costs and fees, shall apply to 
writs of error and appeals and reviews under the 
provisions of sections 238, 239, 240, and 241 of 
the act entitled " An act to codify, revise, and amend 
the laws relating to the judiciary/' approved March 
3, 1911, chapter 231. 

39. 

MANDATES. 

Mandates shall issue as of course after the expira- 
tion of thirty days from the day the judgment or 
decree is entered, unless the time is enlarged by order 
of the court, or of a justice thereof when the court is 
not in session, but during the term. 

40. 

PRACTICE IN CASES FROM CIRCUIT COURTS OF APPEALS. 

The provisions of these rules relating to the prac- 
tice on direct writs of error to and appeals from the 
district courts shall also be deemed to relate to and 
cover the practice on writs of error to and appeals 
from the Circuit Courts of Appeals. 






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